The Communications Authority of Kenya (CA) has directed mobile network operators to temporarily suspend normal opt-in and opt-out requirements for government-approved emergency bulk SMS messages as part of El Niño preparedness and response efforts.
In a letter on October 1, the regulator instructed Safaricom, Airtel Kenya, Telkom Kenya and Jamii Telecommunications to deliver official emergency alerts to all active subscribers, regardless of their existing promotional messaging preferences or Do-Not-Disturb (DND) settings.
“Accordingly, all Mobile Network Operators are hereby directed to exempt Government-authorized emergency bulk SMS communications from the opt-in and opt-out requirements applicable to commercial messaging services for the duration of the simulation exercises and the El Niño preparedness and response period,” stated CA.
The move is intended to support a National Early Warning System simulation exercise and enhance public awareness ahead of the anticipated El Niño rains.
CA Temporarily Suspends SMS Opt-Out Restrictions to Support El Niño Emergency Warnings
According to the authority, the temporary exemption will apply during the simulation exercises and the El Niño preparedness and response period. The regulator said the public interest and the need to communicate critical safety information justified the suspension of the normal messaging restrictions.
Under the directive, mobile operators must facilitate the transmission of all approved emergency preparedness and public safety SMS messages sent through designated government platforms, including Short Code 1590.
Also Read: Weatherman Lists Counties Set for Rain as El Niño Season Begins
The operators must also ensure that the messages reach all active subscribers, irrespective of prior opt-out arrangements, and refrain from applying opt-out mechanisms to emergency alerts issued under the framework.
Additionally, telecommunications firms have been directed to prioritize the handling of emergency communications across their networks and provide any technical support necessary to ensure the successful execution of the simulation exercises and emergency response operations.
The Communications Authority cited provisions of the Constitution, including Articles 35, 33 and 46, as well as the Access to Information Act, 2016, as the legal basis for the directive. The regulator noted that the law obligates the State to publicize information affecting public welfare, safety and national security.
The authority further pointed to licence conditions requiring telecommunications operators to support emergency communications during disasters, national crises and other situations requiring urgent public safety interventions.
“The Authority considers the dissemination of Early Warning System messages, disaster preparedness advisories, simulation notifications, emergency instructions, and El Niño-related public safety alerts to fall squarely within the scope of the above licence obligations.”
CA Director General and CEO David Mugonyi said compliance with the directive is mandatory and that operators must implement the necessary technical and operational measures immediately.
The regulator said the emergency messaging initiative aims to ensure timely dissemination of early warning information, disaster preparedness advisories, and public safety alerts to protect lives and property during the El Niño season.
Also Read: Govt Names County at Highest Risk as El Niño Rains Approach
El Niño Timelines
On June 12, the Kenya Meteorological Service Authority (KMSA) warned that the country could receive enhanced rainfall during the October-December season, with the weather patterns expected to be influenced by an El Niño event.
KMD Assistant Director Hannah Kimani said the department’s forecast at the time placed the likelihood of El Niño developing during the October-November-December rainfall season at 80 percent.
Kimani said meteorological observations had also pointed to a strong possibility of an El Niño signal emerging during the October to December period.
She noted that the situation could be further influenced by the Indian Ocean Dipole (IOD), which was neutral at the time but was expected to shift to a positive phase from July.
According to Kimani, the combination of El Niño conditions and a positive IOD could bring above-average rainfall to parts of Kenya, increasing the likelihood of flooding and other weather-related disasters.
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